Protective Orders

Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in order to remedy suspected destructive activity while the parties gather and present evidence showing that a more permanent remedy is required. Protective orders may sometimes be granted ex parte, that is without the presence of the party being effected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.

Protective orders have a wide range of temporary duration. Typically, they last for one year with extensions possible under certain particular circumstances. Six states allow imposition of protective orders for up to three years, and three other states limit them to just 90 days. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one year sentence and a $1,000 fine, eight states require mandatory jail time for violating a protective order.

Virtually all states require transmission of protective orders to local law enforcement agencies. Twelve states require transmission within 48 hours. A few states have set up state-wide registries or information systems that keep track of protective orders that are presently in effect. Utilization of technology, such as the internet, and wide area networks, permit easy access to statewide registries. In Iowa, for example, it is required to get certified copies of protective orders into the hands of law enforcement agencies within six hours of issuance.

ALABAMA

Code Section
30-5-1, et al seq.

Activity Addressed by Order
Enjoining contacts of abuse; harassing communication; excluding party from dwelling, school or place of employment; regarding minors: award temporary custody and establish visitations as well as temporary support; enjoin defendant from interfering; direct law enforcement to accompany plaintiff to residences to protect from abuse

Duration
Up to 1 year, can be amended at any time upon verified petition by either party

Penalty for a Violation of Order
Willful violation: Class A misdemeanor, fine not to exceed $2,000 and/or jail up to 1 year; 2nd conviction: 30 days unsuspended jail sentence, and 1/3 incarceration costs and fine; 3rd or subsequent: 120 days unsuspended jail sentence and 1/3 incarceration costs and fine; 2nd conviction: in addition to permissible fine, minimum of 48 hours continuous imprisonment which may not be suspended; 3rd or subsequent conviction: minimum sentence of 30 days imprisonment, can’t be suspended.

Who May Apply for Order
An adult for themselves or another person prevented by physical or mental incapacities or on behalf of minor children

Fees Waived
If petitioner can show they have inadequate funds

Transmission to Law Enforcement
If petitioner can show they have inadequate funds

Duration
Until further order of court for threats and acts of domestic violence 6 months for other acts

Penalty for a Violation of Order
Possible misdemeanor, up to 1 year in jail, up to $5,000 fine

Who May Apply for Order
Adult or minor through guardian ad litem or attorney

Fees Waived
On the basis of indigency. No filing fees

Transmission to Law Enforcement
Copy of order transmitted to appropriate local law enforcement agency

Civil Liability
N/A

ARIZONA

Code Section
13-3602

Activity Addressed by Order
Enjoined from committing acts of domestic violence; excluded from dwelling, place of employment, school; participation in domestic violence counseling; prohibition from possession of a firearm

Duration
1 year; a modified order expires 1 yr. after service and the initial order and petition

Penalty for a Violation of Order
Arrest and prosecution for the crime of interfering with judicial proceeding and any other crime committed in disobeying the order

Who May Apply for Order
Person or other if person is either temporarily or permanently unable to request an order; if minor, legal guardian

Fees Waived
May be waived under any rule, statute or other law applicable to civil actions; no requirements of community service as a condition of fee waiver.

Transmission to Law Enforcement
Within 24 hours after acceptance of service or affidavit has been returned; copies sent to sheriff’s office in the county in which plaintiff resides

Civil Liability
Civil contempt

ARKANSAS

Code Section
9-15-201, et. al seq.

Activity Addressed by Order
Exclude from dwelling, place of business or employment, school; award temporary support and custody; establish visitation; enforce costs; prevent direct or indirect contact

Duration
Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order

Penalty for a Violation of Order
1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment

Who May Apply for Order
Spouse, cohabitant, fiancé/fiancée, parent of one’s child, blood relations.

Fees Waived
N/A

Transmission to Law Enforcement
By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry

Civil Liability
N/A

COLORADO

Code Section
14-4-101, et seq.; 18-6-803.5

Activity Addressed by Order
Enjoin contact; exclude party from dwelling or dwelling of another; regarding minor child: temporary custody; Emergency order: restrain from threatening, molesting, injuring, or contacting another or minor children of either; excluding from dwelling, if minor child, temporary custody

Duration
Emergency: maximum close of business on 3rd day following issue, unless continued

Penalty for a Violation of Order
Class 2 misdemeanor unless prior conviction under § or other restraining order: Class 1 misdemeanor

Who May Apply for Order
N/A

Fees Waived
No

Transmission to Law Enforcement
Law enforcement agency with jurisdiction to enforce the order

Penalty for a Violation of Order
Class A misdemeanor and imprisonment or fine or both

Who May Apply for Order
Member of a protected class on behalf of self and their minor child or an infirm adult

Fees Waived
N/A

Transmission to Law Enforcement
Order entered into Delaware Justice Information system on or before the next business day; copy sent to Delaware law enforcement agency where petitioner resides and/or where abuse received

Penalty for a Violation of Order
Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine

Who May Apply for Order
Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member

Fees Waived
N/A

Transmission to Law Enforcement
Within 24 hours to county police department

Penalty for a Violation of Order
If knowing violation: class A misdemeanor. If violating order concerning minors: Class 4 felony. If willful violation: contempt of court; may include jail, restitution, fines, attorney’s fees and costs, or community service. Court encouraged to follow these guidelines: 1st violation: minimum 24 hours jail; 2nd or subsequent violation: minimum 48 hours jail

Who May Apply for Order
A person who has been abused by a family or household member, or by any person on behalf of minor child or adult who cannot file due to age, health, disability, or inaccessibility

Fees Waived
Yes; no fees for filing petitions or certifying orders.

Transmission to Law Enforcement
Certified copy filed with sheriff or other law enforcement official same day order is issued

Penalty for a Violation of Order
Confinement in jail, prison, and/or fine

Who May Apply for Order
Person or member of the petitioner’s household

Fees Waived
Yes, but may collect from party against whom the order is sought if court finds issue meritorious

Transmission to Law Enforcement
Transmit by the end of the same business day a copy to each law enforcement agency designated by petitioner. Some orders must be entered into Indiana Data and Communication System (IDACS)

Who May Apply for Order
Any parent; adult household member, parent or district attorney on behalf of minor or incompetent

Fees Waived
Paid by perpetrator

Transmission to Law Enforcement
Copy of Uniform Abuse Protection Order to chief law enforcement official of parish where protected persons reside, by end of next business day after filing; Louisiana Protective Order Registry no later than next business day.

Civil Liability
Contempt of court

MAINE

Code Section
15 §321, 19A§4001 et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, or work; support regarding minors: temporary custody, visitations; counseling, court costs and attorney’s fee; prohibition from possession of a firearm; order termination of a life insurance policy

Duration
Temporary: remains in effect pending service of final order. General: maximum 2 years, may be extended

Penalty for a Violation of Order
Class D crime; if violation of order of support: contempt

Who May Apply for Order
Any abused family or household member; if minor, person responsible for the child or representative of Department of Human Services

Fees Waived
Yes, may be waived

Transmission to Law Enforcement
For temporary emergency or interim relief; copy to law enforcement agency as soon as possible. General: copy to law enforcement agency most likely to enforce order

Penalty for a Violation of Order
Contempt, criminal prosecution, imprisonment, or fine. If violate certain clauses: misdemeanor; first offense: up to $1,000 fine or 90 days jail or both; 2nd or subsequent: up to $2,500 fine or 1 yr. in prison or both

Who May Apply for Order
A household member or minor or vulnerable adult; state’s attorney, department of social services, law enforcement officer, blood, marriage or adoptive relative, or adult household member

Fees Waived
May be waived

Transmission to Law Enforcement
Copy to appropriate law enforcement agency

Penalty for a Violation of Order
Misdemeanor: minimum 3 days jail and counseling. Gross misdemeanor if convicted under certain laws, within 5 years: minimum 10 days and counseling; court may order $10,000 bond or 5 yrs. imprisonment, or both if repeat violation likely or if possessing a dangerous weapon

Who May Apply for Order
Any family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minor’s own behalf if court determines minor has sufficient maturity

Fees Waived
Yes; respondent may be directed to pay them

Transmission to Law Enforcement
Copy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicant

Civil Liability
Yes, contempt of court

MISSISSIPPI

Code Section
93-21-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support; restitution for monetary losses suffered as a result of abuse.

Duration
Temporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extended

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property

Who May Apply for Order
Victim or regarding minors: parent, guardian ad litem or other representative

Fees Waived
May be if inability-topay-filingfees order form submitted

Transmission to Law Enforcement
Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency

Civil Liability
N/A

NEBRASKA

Code Section
42-901, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custody

Duration
Maximum: 1 year unless modified

Penalty for a Violation of Order
Class II misdemeanor if knowingly violated; Class I misdemeanor if violator has prior conviction for violating order; Class IV felony if violator has prior conviction for violating same order

Who May Apply for Order
Any victim of domestic abuse

Fees Waived
Yes, in good faith

Transmission to Law Enforcement
Copy to local police department, local law enforcement agent and local sheriff’s office

Transmission to Law Enforcement
Petitioner may register order without cost or fee in any county or a copy may be sent to the Pennsylvania State Police registry. Copy to police department with proper jurisdiction and copy to county registry of protection order

Penalty for a Violation of Order
Fine, maximum $4,000 and/or jail, maximum 1 year. If family violence occurs, can be prosecuted for a misdemeanor or felony, carry jail minimum 2 years. Temporary: maximum $500 fine or maximum 6 months jail, or both

Who May Apply for Order
Adult member of family; prosecuting attorney; department of protective and regulatory services

Fees Waived
Yes; fees paid by respondent

Transmission to Law Enforcement
Copy to chief of police where protected resides and to department of public safety

Civil Liability
Yes, contempt of court

UTAH

Code Section
30-6-1, et seq.; 76-5-108

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearm

Penalty for a Violation of Order
Gross misdemeanor: contempt of court. If assault less than 1st or 2nd degree occurs: Class C felony. If reckless or substantial risk of death or serious injury: Class C felony. If at least 2 prior protective order violations: Class C felony

Who May Apply for Order
Any person on behalf of self, or minor family or household member. Department of Social and Health Services may seek on behalf of and with consent of any vulnerable adult.

Fees Waived
Yes

Transmission to Law Enforcement
Entered into statewide judicial information system within one judicial day; copy on or before next judicial day to appropriate law enforcement agency